Gulf, Colorado & Santa Fe Railway Co. v. Cunningham

TARLTON, Chief Justice.

The appellee recovered a verdict and judgment in the sum of $500, as damages for injury done to his minor son by the appellant; and hence this appeal.

In April, 1890, the appellee, with his family, lived at Paul’s Valley, in the Indian Territory, on the main street of the town, about 100 feet from the defendant’s railroad track, with which the street is parallel, running between the residence of the plaintiff and the stockpens of the defendant.

On the occasion in question, a train of the defendant’s cars was on the sidetrack, and was being loaded from the stockpens with…